Al Zuni of Arizona, Inc. - Page 11




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               On the limited evidence before us (including petitioners'              
          and American Silver's written contemporaneous representations as            
          to the value of the jewelry, the evidence reflected on Al Zuni's            
          tax returns as to the cost of the jewelry inventory that Khalaf             
          purchased for Al Zuni in 1990, 1991, and 1992 in the $1 million             
          plus range and regarding the cost of the jewelry inventory Al               
          Zuni had on hand at yearend 1990 and 1991 in the one-half million           
          dollar range), we conclude that the value of the jewelry                    
          inventory transferred to Khalaf on September 15, 1992, was                  
          $671,413.                                                                   
               With regard to Al Zuni’s cost basis in the jewelry inventory           
          transferred to Khalaf on September 15, 1992, the parties                    
          stipulated that the jewelry inventory had a cost basis to Al Zuni           
          of $538,000.  Subtracting the $538,000 cost from the $671,413               
          value of the jewelry inventory transferred from Al Zuni to Khalaf           
          produces income to Al Zuni of $133,413.                                     
               Petitioners contend that certain checks totaling $133,000              
          written during 1992 by Khalaf on Al Zuni’s bank account in favor            
          of Khalaf, Khalaf’s daughter and son, and cash should be treated            
          as additional purchases of jewelry on behalf of Al Zuni, and                
          should be treated as increasing Al Zuni’s cost basis in the                 
          jewelry inventory by at least $133,000 and as eliminating                   
          essentially all gain on the transfer of the jewelry inventory to            
          Khalaf.  No credible evidence indicates that these checks                   
          constitute purchases of jewelry inventory.  Petitioners' attempt            




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